NRS 33.085 Order
from another jurisdiction: Accorded full faith and credit under certain
circumstances; effect of mutual orders; enforcement; effect of not registering
order or including order in repository or database; immunity.

NRS 33.090 Order
from another jurisdiction: Registration in this State; duties of court clerk;
prohibition against notification of adverse party by clerk; no charge for
registration, certified copy or service.

NRS 33.430 Order
to be transmitted to law enforcement agencies; arrest for violation;
enforcement of order.

NRS 33.440 Parent
or guardian to be informed of final disposition of trial upon request; record
of restrictions on defendant’s conduct.

_________

GENERAL PROVISIONS

NRS 33.010Cases in which injunction may be granted.An injunction may be granted in the following
cases:

1. When it shall appear by the complaint
that the plaintiff is entitled to the relief demanded, and such relief or any
part thereof consists in restraining the commission or continuance of the act
complained of, either for a limited period or perpetually.

2. When it shall appear by the complaint
or affidavit that the commission or continuance of some act, during the
litigation, would produce great or irreparable injury to the plaintiff.

3. When it shall appear, during the
litigation, that the defendant is doing or threatens, or is about to do, or is
procuring or suffering to be done, some act in violation of the plaintiff’s
rights respecting the subject of the action, and tending to render the judgment
ineffectual.

[1911 CPA § 195; RL § 5137; NCL § 8693]

NRS 33.015Injunction to restrain unlawful act against witness or victim of
crime.Whenever it appears that a
defendant or other person is doing, about to do, threatening to do or procuring
to be done some act against a victim of a crime or a witness in violation of
any provision of NRS 199.230, 199.240 or 199.305, a court of competent jurisdiction
may issue an injunction restraining the defendant or other person from the
commission or continuance of that act.

1. Domestic
violence occurs when a person commits one of the following acts against or upon
the person’s spouse or former spouse, any other person to whom the person is
related by blood or marriage, any other person with whom the person is or was
actually residing, any other person with whom the person has had or is having a
dating relationship, any other person with whom the person has a child in
common, the minor child of any of those persons, the person’s minor child or
any other person who has been appointed the custodian or legal guardian for the
person’s minor child:

(a) A battery.

(b) An assault.

(c) Compelling the other person by force or
threat of force to perform an act from which the other person has the right to
refrain or to refrain from an act which the other person has the right to
perform.

(d) A sexual assault.

(e) A knowing, purposeful or reckless course of
conduct intended to harass the other person. Such conduct may include, but is
not limited to:

(1) Stalking.

(2) Arson.

(3) Trespassing.

(4) Larceny.

(5) Destruction of private property.

(6) Carrying a concealed weapon without a
permit.

(7) Injuring or killing an animal.

(f) A false imprisonment.

(g) Unlawful entry of the other person’s
residence, or forcible entry against the other person’s will if there is a
reasonably foreseeable risk of harm to the other person from the entry.

2. As used in this section, “dating
relationship” means frequent, intimate associations primarily characterized by
the expectation of affectional or sexual involvement. The term does not include
a casual relationship or an ordinary association between persons in a business
or social context.

1. In an action to issue, dissolve,
convert, modify, register or enforce a temporary or extended order pursuant to NRS 33.017 to 33.100,
inclusive, the court may appoint a master to take testimony and recommend
orders.

2. The master must be an attorney licensed
to practice in this State.

3. The master shall:

(a) Take testimony and establish a record; and

(b) Make findings of fact, conclusions of law and
recommendations concerning a temporary or extended order.

NRS 33.020Requirements for issuance of temporary and extended orders;
availability of court; court clerk to inform protected party upon transfer of
information to Central Repository.

1. If it appears to the satisfaction of
the court from specific facts shown by a verified application that an act of
domestic violence has occurred or there exists a threat of domestic violence,
the court may grant a temporary or extended order. A temporary or extended
order must not be granted to the applicant or the adverse party unless the
applicant or the adverse party has requested the order and has filed a verified
application that an act of domestic violence has occurred or there exists a
threat of domestic violence.

2. The court may require the applicant or
the adverse party, or both, to appear before the court before determining
whether to grant the temporary or extended order.

3. A temporary order may be granted with
or without notice to the adverse party. An extended order may only be granted
after notice to the adverse party and a hearing on the application. A hearing
on an application for an extended order must be held within 45 days after the
date on which the application for the extended order is filed.

4. The court shall rule upon an
application for a temporary order within 1 judicial day after it is filed.

5. If it appears to the satisfaction of
the court from specific facts communicated by telephone to the court by an
alleged victim that an act of domestic violence has occurred and the alleged
perpetrator of the domestic violence has been arrested and is presently in
custody pursuant to NRS 171.137, the
court may grant a temporary order. Before approving an order under such
circumstances, the court shall confirm with the appropriate law enforcement
agency that the applicant is an alleged victim and that the alleged perpetrator
is in custody. Upon approval by the court, the signed order may be transmitted
to the facility where the alleged perpetrator is in custody by electronic or
telephonic transmission to a facsimile machine. If such an order is received by
the facility holding the alleged perpetrator while the alleged perpetrator is
still in custody, the order must be personally served by an authorized employee
of the facility before the alleged perpetrator is released. The court shall
mail a copy of each order issued pursuant to this subsection to the alleged
victim named in the order and cause the original order to be filed with the
court clerk on the first judicial day after it is issued.

6. In a county whose population is 52,000
or more, the court shall be available 24 hours a day, 7 days a week, including
nonjudicial days and holidays, to receive communications by telephone and for
the issuance of a temporary order pursuant to subsection 5.

7. In a county whose population is less
than 52,000, the court may be available 24 hours a day, 7 days a week,
including nonjudicial days and holidays, to receive communications by telephone
and for the issuance of a temporary order pursuant to subsection 5.

8. The clerk of the court shall inform the
protected party upon the successful transfer of information concerning the
registration to the Central Repository for Nevada Records of Criminal History
as required pursuant to NRS 33.095.

(a) Enjoin the adverse party from threatening,
physically injuring or harassing the applicant or minor child, either directly
or through an agent;

(b) Exclude the adverse party from the
applicant’s place of residence;

(c) Prohibit the adverse party from entering the
residence, school or place of employment of the applicant or minor child and
order the adverse party to stay away from any specified place frequented
regularly by them;

(d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody
of the minor child to the applicant;

(e) Enjoin the adverse party from physically
injuring, threatening to injure or taking possession of any animal that is owned
or kept by the applicant or minor child, either directly or through an agent;

(f) Enjoin the adverse party from physically
injuring or threatening to injure any animal that is owned or kept by the
adverse party, either directly or through an agent; and

(g) Order such other relief as it deems necessary
in an emergency situation.

2. The court by an extended order may
grant any relief enumerated in subsection 1 and:

(a) Specify arrangements for visitation of the
minor child by the adverse party and require supervision of that visitation by
a third party if necessary;

(b) Specify arrangements for the possession and
care of any animal owned or kept by the adverse party, applicant or minor
child; and

(c) Order the adverse party to:

(1) Avoid or limit communication with the
applicant or minor child;

(2) Pay rent or make payments on a
mortgage on the applicant’s place of residence;

(3) Pay for the support of the applicant
or minor child, including, without limitation, support of a minor child for whom
a guardian has been appointed pursuant to chapter
159 of NRS or a minor child who has been placed in protective custody
pursuant to chapter 432B of NRS, if the
adverse party is found to have a duty to support the applicant or minor child;

(4) Pay all costs and fees incurred by the
applicant in bringing the action; and

(5) Pay monetary compensation to the
applicant for lost earnings and expenses incurred as a result of the applicant
attending any hearing concerning an application for an extended order.

3. If an extended order is issued by a
justice court, an interlocutory appeal lies to the district court, which may
affirm, modify or vacate the order in question. The appeal may be taken without
bond, but its taking does not stay the effect or enforcement of the order.

4. A temporary or extended order must
specify, as applicable, the county and city, if any, in which the residence,
school, child care facility or other provider of child care, and place of
employment of the applicant or minor child are located.

5. A temporary or extended order must
provide notice that a person who is arrested for violating the order will not
be admitted to bail sooner than 12 hours after the person’s arrest if:

(a) The arresting officer determines that such a
violation is accompanied by a direct or indirect threat of harm;

(b) The person has previously violated a
temporary or extended order for protection; or

(c) At the time of the violation or within 2
hours after the violation, the person has:

(1) A concentration of alcohol of 0.08 or
more in the person’s blood or breath; or

(2) An amount of a prohibited substance in
the person’s blood or urine that is equal to or greater than the amount set
forth in subsection 3 of NRS 484C.110.

NRS 33.031Extended order may prohibit possession of firearm by adverse
party; factors for court to consider in determining whether to prohibit
possession of firearm; exception; penalty.

1. A court may include in an extended
order issued pursuant to NRS 33.030:

(a) A requirement that the adverse party
surrender, sell or transfer any firearm in the adverse party’s possession or
under the adverse party’s custody or control in the manner set forth in NRS 33.033; and

(b) A prohibition on the adverse party against
possessing or having under the adverse party’s custody or control any firearm
while the order is in effect.

2. In determining whether to include the
provisions set forth in subsection 1 in an extended order, the court must
consider, without limitation, whether the adverse party:

(a) Has a documented history of domestic
violence;

(b) Has used or threatened to use a firearm to
injure or harass the applicant, a minor child or any other person; and

(c) Has used a firearm in the commission or
attempted commission of any crime.

3. If a court includes the provisions set
forth in subsection 1 in an extended order, the court may include a limited
exception from the prohibition to possess or have under the adverse party’s
custody or control any firearm if the adverse party establishes that:

(a) The adverse party is employed by an employer
who requires the adverse party to use or possess a firearm as an integral part
of the adverse party’s employment; and

(b) The employer will provide for the storage of
any such firearm during any period when the adverse party is not working.

4. An adverse party who violates any
provision included in an extended order pursuant to this section concerning the
surrender, sale, transfer, possession, custody or control of a firearm is
guilty of a gross misdemeanor. If the court includes any such provision in an
extended order, the court must include in the order a statement that violation
of such a provision in the order is a gross misdemeanor.

NRS 33.033Requirements for surrender, sale or transfer of firearm in
possession of adverse party; law enforcement agency may charge fee for
collection and storage of firearm.

1. If a court orders an adverse party to
surrender any firearm pursuant to NRS 33.031, the
adverse party shall, not later than 24 hours after service of the order:

(a) Surrender any firearm in the adverse party’s
possession or under the adverse party’s custody or control to the appropriate
local law enforcement agency designated by the court in the order;

(b) Surrender any firearm in the adverse party’s
possession or under the adverse party’s custody or control to a person
designated by the court in the order; or

(c) Sell or transfer any firearm in the adverse
party’s possession or under the adverse party’s custody or control to a
licensed firearm dealer.

2. If the court orders the adverse party
to surrender any firearm to a local law enforcement agency pursuant to
paragraph (a) of subsection 1, the law enforcement agency shall provide the
adverse party with a receipt which includes a description of each firearm
surrendered and the adverse party shall, not later than 72 hours or 1 business
day, whichever is later, after surrendering any such firearm, provide the
receipt to the court.

3. If the court orders the adverse party
to surrender any firearm to a person designated by the court pursuant to
paragraph (b) of subsection 1, the adverse party shall, not later than 72 hours
or 1 business day, whichever is later, after the adverse party surrenders any
firearm to such person, provide to the court and the appropriate local law
enforcement agency the name and address of the person designated in the order
and a written description of each firearm surrendered to such person.

4. If the adverse party sells or transfers
any firearm to a licensed firearm dealer that is subject to an order pursuant
to paragraph (c) of subsection 1, the adverse party shall, not later than 72
hours or 1 business day, whichever is later, after such sale or transfer,
provide to the court and the appropriate local law enforcement agency a receipt
of such sale or transfer and a written description of each firearm sold or
transferred.

5. If there is probable cause to believe
that the adverse party has not surrendered, sold or transferred any firearm in
the adverse party’s possession or under the adverse party’s custody or control
within 24 hours after service of the order, the court may issue and deliver to
any law enforcement officer a search warrant which authorizes the law
enforcement officer to enter and search any place where there is probable cause
to believe any firearm is located and seize the firearm.

6. A local law enforcement agency may
charge and collect a fee from the adverse party for the collection and storage
of a firearm pursuant to this section. The fee must not exceed the cost
incurred by the local law enforcement agency to provide the service.

NRS 33.035Extended order to include assignment of income for support of
child in certain circumstances.

1. If a court issues an extended order
which includes an order for the support of a minor child, the court shall order
the adverse party to assign to the party who obtained the extended order that
portion of the income of the adverse party which is due or to become due and is
sufficient to pay the amount ordered by the court for the support, unless the
court finds good cause for the postponement of the assignment. A finding of
good cause must be based upon a written finding by the court that the immediate
assignment of income would not be in the best interests of the child.

2. An assignment of income ordered
pursuant to subsection 1 is subject to the provisions of chapters 31A and 125B of NRS.

3. The Division of Welfare and Supportive
Services of the Department of Health and Human Services, in consultation with
the Office of Court Administrator and other interested governmental entities,
shall develop procedures and forms to allow a person to whom an assignment is
ordered to be made to enforce the assignment in an expeditious and safe manner.

NRS 33.040No requirement of action for dissolution of marriage; order does
not preclude other action; consolidation with other action.

1. A temporary or extended order may be
granted under NRS 33.020 without regard to whether
an action for divorce, annulment of marriage or separate maintenance has been
filed respecting the applicant and the adverse party.

2. A temporary or extended order is in
addition to and not in lieu of any other available civil or criminal action. An
applicant is not barred from seeking an order because of other pending
proceedings.

3. An application for a temporary or
extended order may be consolidated with another civil action if it would
prevent an act of domestic violence.

NRS 33.050Assessment of court costs and fees; duty of court clerk to assist
parties; no charge for certified copy of order for applicant.

1. The payment of all costs and official
fees must be deferred for any applicant for a temporary or extended order.
After any hearing and no later than final disposition of the application or
order, the court shall assess the costs and fees against the adverse party,
except that the court may reduce them or waive them, as justice may require.

2. The clerk of the court shall provide
each party, free of cost, with information about the:

(a) Availability of temporary and extended
orders;

(b) Procedure for filing an application for an
order; and

(c) Right to proceed without legal counsel.

3. The clerk of the court or other person
designated by the court shall assist any party in completing and filing the
application, affidavit and any other paper or pleading necessary to initiate or
respond to an application for a temporary or extended order. This assistance
does not constitute the practice of law, but the clerk shall not render any advice
or service that requires the professional judgment of an attorney.

4. The clerk of the court shall not charge
an applicant for a temporary or extended order for providing the applicant with
a certified copy of the temporary or extended order.

NRS 33.060Notice of order to law enforcement agency; duty to serve and
enforce order without charge; no charge for copy of order for applicant and
adverse party.

1. The court shall transmit, by the end of
the next business day after the order is issued, a copy of the temporary or
extended order to the appropriate law enforcement agency which has jurisdiction
over the residence, school, child care facility or other provider of child
care, or place of employment of the applicant or the minor child.

2. The court shall order the appropriate
law enforcement agency to serve, without charge, the adverse party personally
with the temporary order and to file with or mail to the clerk of the court
proof of service by the end of the next business day after service is made.
Service of an application for an extended order and the notice of hearing
thereon must be served upon the adverse party:

NRS 33.065Alternative method for serving adverse party at current place of
employment; when adverse party deemed served; immunity from liability for
employer.

1. If the current address where the
adverse party resides is unknown and the law enforcement agency has made at
least two attempts to personally serve the adverse party at the adverse party’s
current place of employment, the law enforcement agency or a person designated
by the law enforcement agency may serve the adverse party by:

(a) Delivering a copy of the application for an
extended order, the notice of hearing thereon and a copy of the temporary order
to the current place of employment of the adverse party; and

(b) Thereafter, mailing a copy of the application
for an extended order, the notice of hearing thereon and a copy of the
temporary order to the adverse party at the adverse party’s current place of
employment.

2. Delivery pursuant to paragraph (a) of
subsection 1 must be made by leaving a copy of the documents specified at the
current place of employment of the adverse party with the manager of the
department of human resources or another similar person. Such a person shall:

(a) Accept service of the documents and make a
reasonable effort to deliver the documents to the adverse party;

(b) Identify another appropriate person who will
accept service of the documents and who shall make a reasonable effort to
deliver the documents to the adverse party; or

(c) Contact the adverse party and arrange for the
adverse party to be present at the place of employment to accept service of the
documents personally.

3. After delivering the documents to the
place of employment of the adverse party, a copy of the documents must be
mailed to the adverse party by first-class mail to the place of employment of
the adverse party in care of the employer.

4. The adverse party shall be deemed to
have been served 10 days after the date on which the documents are mailed to
the adverse party.

5. Upon completion of service pursuant to
this section, the law enforcement agency or the person designated by the law
enforcement agency who served the adverse party in the manner set forth in this
section shall file with or mail to the clerk of the court proof of service in
this manner.

6. An employer is immune from civil
liability for any act or omission with respect to accepting service of
documents, delivering documents to the adverse party or contacting the adverse
party and arranging for the adverse party to accept service of the documents
personally pursuant to this section, if the employer acts in good faith with
respect to accepting service of documents, delivering documents to the adverse
party or contacting the adverse party and arranging for the adverse party to
accept service of the documents personally.

NRS 33.070Inclusion in order of requirement of arrest; verification of notice
to adverse party.

1. Every temporary or extended order must
include a provision ordering any law enforcement officer to arrest an adverse
party if the officer has probable cause to believe that the adverse party has
violated any provision of the order. The law enforcement officer may make an
arrest with or without a warrant and regardless of whether the violation occurs
in the officer’s presence.

2. If a law enforcement officer cannot
verify that the adverse party was served with a copy of the application and
order, the officer shall:

(a) Inform the adverse party of the specific
terms and conditions of the order;

(b) Inform the adverse party that the adverse
party now has notice of the provisions of the order and that a violation of the
order will result in the adverse party’s arrest;

(c) Inform the adverse party of the location of
the court that issued the original order and the hours during which the adverse
party may obtain a copy of the order; and

(d) Inform the adverse party of the date and time
set for a hearing on an application for an extended order, if any.

3. Information concerning the terms and
conditions of the order, the date and time of the notice provided to the
adverse party and the name and identifying number of the officer who gave the
notice must be provided in writing to the applicant and noted in the records of
the law enforcement agency and the court.

1. A temporary order expires within such
time, not to exceed 30 days, as the court fixes. If an application for an
extended order is filed within the period of a temporary order or at the same
time that an application for a temporary order is filed, the temporary order
remains in effect until the hearing on the extended order is held.

2. On 2 days’ notice to the party who
obtained the temporary order, the adverse party may appear and move its dissolution
or modification, and in that event the court shall proceed to hear and
determine such motion as expeditiously as the ends of justice require.

3. An extended order expires within such
time, not to exceed 1 year, as the court fixes. A temporary order may be
converted by the court, upon notice to the adverse party and a hearing, into an
extended order effective for not more than 1 year.

NRS 33.085Order from another jurisdiction: Accorded full faith and credit
under certain circumstances; effect of mutual orders; enforcement; effect of
not registering order or including order in repository or database; immunity.

1. Except as otherwise provided in
subsection 2, an order for protection against domestic violence issued by the
court of another state, territory or Indian tribe within the United States,
including, without limitation, any provisions in the order related to custody
and support, is valid and must be accorded full faith and credit and enforced
by the courts of this state as if it were issued by a court in this state,
regardless of whether the order has been registered in this state, if the court
in this state determines that:

(a) The issuing court had jurisdiction over the
parties and the subject matter under the laws of the State, territory or Indian
tribe in which the order was issued; and

(b) The adverse party was given reasonable notice
and an opportunity to be heard before the order was issued or, in the case of
an ex parte order, the adverse party was given reasonable notice and an
opportunity to be heard within the time required by the laws of the issuing
state, territory or tribe and, in any event, within a reasonable time after the
order was issued.

2. If the order for protection against
domestic violence issued by the court of another state, territory or Indian
tribe is a mutual order for protection against domestic violence and:

(a) No counter or cross-petition or other
pleading was filed by the adverse party; or

(b) A counter or cross-petition or other pleading
was filed and the court did not make a specific finding of domestic violence by
both parties,

Ê the court
shall refuse to enforce the order against the applicant and may determine
whether to issue its own temporary or extended order.

3. A law enforcement officer shall enforce
an order for protection against domestic violence issued by the court of
another state, territory or Indian tribe and shall make an arrest for a
violation thereof in the same manner that a law enforcement officer would make
an arrest for a violation of a temporary or extended order issued by a court of
this state unless it is apparent to the officer that the order is not authentic
on its face. An officer shall determine that an order is authentic on its face
if the order contains:

(a) The names of the parties;

(b) Information indicating that the order has not
expired; and

(c) Information indicating that the court which
issued the order had legal authority to issue the order as evidenced by a
certified copy of the order, a file-stamped copy of the order, an authorized
signature or stamp of the court which issued the order or another indication of
the authority of the court which issued the order.

Ê An officer
may determine that any other order is authentic on its face.

4. In enforcing an order for protection
against domestic violence issued by the court of another state, territory or
Indian tribe or arresting a person for a violation of such an order, a law
enforcement officer may rely upon:

(a) A copy of an order for protection against
domestic violence that has been provided to the officer;

(b) An order for protection against domestic
violence that is included in the Repository for Information Concerning Orders
for Protection Against Domestic Violence pursuant to NRS
33.095 or in any national crime information database;

(c) Oral or written confirmation from a law
enforcement agency or court in the jurisdiction in which the order for
protection against domestic violence was issued that the order is valid and
effective; or

(d) An examination of the totality of the
circumstances concerning the existence of a valid and effective order for
protection against domestic violence, including, without limitation, the
statement of a person protected by the order that the order remains in effect.

5. The fact that an order has not been
registered or included in the Repository for Information Concerning Orders for
Protection Against Domestic Violence in the Central Repository for Nevada
Records of Criminal History pursuant to NRS 33.095
or in any national crime information database is not grounds for a law
enforcement officer to refuse to enforce the terms of the order unless it is
apparent to the officer that the order is not authentic on its face.

6. A court or law enforcement officer who
enforces an order for protection against domestic violence issued by the court
of another state, territory or Indian tribe based upon a reasonable belief that
the order is valid or who refuses to enforce such an order based upon a
reasonable belief that the order is not valid and the employer of such a law
enforcement officer are immune from civil and criminal liability for any action
taken or not taken based on that belief.

NRS 33.090Order from another jurisdiction: Registration in this State;
duties of court clerk; prohibition against notification of adverse party by
clerk; no charge for registration, certified copy or service.

1. A person may register an order for
protection against domestic violence issued by the court of another state,
territory or Indian tribe within the United States by presenting a certified
copy of the order to the clerk of the court in a judicial district in which the
person believes that enforcement may be necessary.

2. The clerk of the court shall:

(a) Maintain a record of each order registered
pursuant to this section;

(b) Provide
the protected party with a certified copy of the order registered pursuant to
this section bearing proof of registration with the court;

(c) Forward,
by the end of the next business day, a copy of an order registered pursuant to
this section to the appropriate law enforcement agency which has jurisdiction
over the residence, school, child care facility or other provider of child
care, or place of employment of the protected party or the child of the
protected party; and

(d) Inform the protected party upon the
successful transfer of information concerning the registration to the Central
Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

3. The
clerk of the court shall not:

(a) Charge
a fee for registering an order or for providing a certified copy of an order
pursuant to this section.

(b) Notify
the party against whom the order has been made that an order for protection
against domestic violence issued by the court of another state, territory or
Indian tribe has been registered in this State.

4. A
person who registers an order pursuant to this section must not be charged to
have the order served in this State.

NRS 33.095Duty to transmit information concerning temporary or extended
order to Central Repository.Any
time that a court issues a temporary or extended order and any time that a
person serves such an order, registers such an order or receives any
information or takes any other action pursuant to NRS
33.017 to 33.100, inclusive, the person shall
cause to be transmitted, in the manner prescribed by the Central Repository for
Nevada Records of Criminal History, any information required by the Central
Repository in a manner which ensures that the information is received by the
Central Repository by the end of the next business day.

NRS 33.100Penalty for intentional violation of order.A person who intentionally violates a
temporary or extended order is guilty of a misdemeanor, unless a more severe
penalty is prescribed by law for the act that constitutes the violation of the
order.

NRS 33.200Definitions.As
used in NRS 33.200 to 33.360,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 33.210, 33.220
and 33.230 have the meanings ascribed to them in
those sections.

NRS 33.220“Employer” defined.“Employer”
means a public or private employer in this state, including, without
limitation, the State of Nevada, an agency of this state and a political
subdivision of this state.

NRS 33.240Acts that constitute harassment in workplace.Harassment in the workplace occurs when:

1. A person knowingly threatens to cause
or commits an act that causes:

(a) Bodily injury to the person or another
person;

(b) Damage to the property of another person; or

(c) Substantial harm to the physical or mental
health or safety of a person;

2. The threat is made or the act is
committed against an employer, an employee of the employer while the employee
performs the employee’s duties of employment or a person present at the
workplace of the employer; and

3. The threat would cause a reasonable
person to fear that the threat will be carried out or the act would cause a
reasonable person to feel terrorized, frightened, intimidated or harassed.

1. An employer or an authorized agent of
an employer who reasonably believes that harassment in the workplace has
occurred may file a verified application for a temporary order for protection
against harassment in the workplace against the person who allegedly committed
the harassment.

2. The verified application must include,
without limitation:

(a) The name of the employer seeking the order;

(b) The name and address, if known, of the person
who allegedly committed the harassment in the workplace; and

(c) A detailed description of the events that
allegedly constituted harassment in the workplace and the dates on which these
events occurred.

NRS 33.260Notice of intent to seek order to be provided to known target of
harassment.If an employer has
knowledge that a specific person is the target of harassment in the workplace
and the employer intends to seek a temporary or extended order for protection
against such harassment, the employer shall make a good faith effort to notify
the person who is the target of the harassment that the employer intends to
seek such an order.

NRS 33.270Requirements for issuance of temporary or extended order;
expiration; right to challenge temporary order; award of costs and attorney’s
fees to prevailing party; interlocutory appeal of extended order.

1. The court may issue a temporary order
for protection against harassment in the workplace if it appears to the
satisfaction of the court from specific facts shown by a verified application
filed pursuant to NRS 33.250 that harassment in the
workplace has occurred.

2. Except as otherwise provided in
subsection 4, a temporary order for protection against harassment in the
workplace must not be issued without notice to the person who allegedly
committed the harassment. A temporary order for protection against harassment
in the workplace must not be issued without the giving of security by the
employer in an amount determined by the court to be sufficient to pay for such
costs and damages as may be incurred or suffered by the person who allegedly
committed the harassment if the person who allegedly committed the harassment
is found to have been wrongfully enjoined or restrained.

3. The court may require the employer or
the person who allegedly committed the harassment, or both, to appear before
the court before determining whether to issue the temporary order for
protection against harassment in the workplace.

4. A court may issue a temporary order for
protection against harassment in the workplace without written or oral notice
to the person who allegedly committed the harassment or the person’s attorney
only if:

(a) A verified application is accompanied by an
affidavit that contains specific facts which clearly show that immediate and
irreparable injury, loss or damage will result to the employer, an employee of
the employer while the employee performs the duties of the employee’s
employment or a person who is present at the workplace of the employer before
the person who allegedly committed the harassment or the person’s attorney can
be heard in opposition; and

(b) The employer and the employer’s attorney, if
any, set forth in the affidavit:

(1) The efforts, if any, that have been
made to give notice to the person who allegedly committed the harassment; and

(2) The facts supporting waiver of notice
requirements.

5. A temporary order for protection
against harassment in the workplace that is granted, with or without notice,
must expire not later than 15 days after the date on which the order is issued,
unless extended pursuant to subsections 6 and 7.

6. If a temporary order for protection
against harassment in the workplace is granted, with or without notice, the
employer or the employer’s authorized agent may apply for an extended order for
protection against harassment in the workplace by filing a verified application
for an extended order for protection against harassment in the workplace. If
such an application is filed, the temporary order remains in effect until the
hearing on the application for an extended order is held. The application must:

(a) In addition to the information required by
subsection 2 of NRS 33.250, set forth the facts
that provide the basis for granting an extended order for protection against
harassment in the workplace;

(b) Be filed before the expiration of the
temporary order for protection against harassment in the workplace;

(c) Be heard as soon as reasonably possible and
not later than 10 days after the date on which the application is filed with
the court unless the court determines that there are compelling reasons to hold
the hearing at a later date; and

(d) Be dismissed if the court finds that the
temporary order for protection against harassment in the workplace which is the
basis of the application has been dissolved or has expired.

7. At the hearing on an application filed
pursuant to subsection 6, the employer must present evidence sufficient to
support the granting of the application for an extended order for protection
against harassment in the workplace. At the hearing, the court may:

(a) Dissolve or modify the temporary order for
protection against harassment in the workplace; or

(b) Grant an extended order for protection
against harassment in the workplace.

8. If granted, an extended order for
protection against harassment in the workplace expires within such time, not to
exceed 1 year, as the court fixes.

9. Upon 2 days’ notice to an employer who
obtained a temporary order for protection against harassment in the workplace
without notice or on such shorter notice to the employer as the court may
prescribe, the person who allegedly committed the harassment may appear and
move the dissolution or modification of the temporary order for protection
against harassment in the workplace. Upon the filing of such a motion, the
court shall proceed to hear and determine the motion as expeditiously as the
ends of justice require. At the hearing, the court may dissolve, modify or
extend the order.

10. The court may award costs and
reasonable attorney’s fees to the prevailing party in a matter brought pursuant
to this section.

11. If a court issues an extended order
for protection against harassment in the workplace, an interlocutory appeal
lies to the district court, which may affirm, modify or vacate the order in
question. The appeal may be taken without bond, but its taking does not stay
the effect or enforcement of the order.

NRS 33.280Effect of temporary or extended order; court may not issue order
against more than one person; contents of order.

1. A temporary or extended order for
protection against harassment in the workplace may:

(a) Enjoin the person who allegedly committed the
harassment from contacting the employer, an employee of the employer while the
employee is performing the employee’s duties of employment and any person while
the person is present at the workplace of the employer;

(b) Order the person who allegedly committed the
harassment to stay away from the workplace of the employer; and

(c) Order such other relief as the court deems necessary
to protect the employer, the workplace of the employer, the employees of the
employer while performing their duties of employment and any other persons who
are present at the workplace.

2. A court may not issue a temporary or
extended order for protection against harassment in the workplace that is
against more than one person.

3. A temporary or extended order for
protection against harassment in the workplace must:

(a) Specify, as applicable, the county and city,
if any, in which the workplace of the employer is located and in which the
employees of the employer perform their duties of employment;

(b) Include a provision ordering any law
enforcement officer to arrest the person who allegedly committed the
harassment, with or without a warrant, if the officer has probable cause to
believe that the person has been served with a copy of the order and has
violated a provision of the order;

(c) State the reasons for granting the order; and

(d) Include the following statement:

WARNING

This is an official court order. If
you disobey this order, you may be arrested and prosecuted for the crime of
violating an order for protection against harassment in the workplace and any
other crime that you may have committed in disobeying this order.

4. In addition to the requirements of
subsection 3, if the court granted a temporary order for protection against
harassment in the workplace without notice, the order must:

(a) Include a statement that the person who
allegedly committed the harassment is entitled to a hearing on the order
pursuant to NRS 33.270;

(b) Include the name and address of the court in
which the petition for a hearing may be filed;

(c) Contain the date and hour of issuance;

(d) Be immediately filed with the clerk of the
court;

(e) Define the irreparable injury, loss or damage
resulting from the harassment and state why it is irreparable; and

NRS 33.290Order does not preclude other action.A
temporary or extended order for protection against harassment in the workplace
is in addition to and not in lieu of any other available civil or criminal
action. An employer is not barred from seeking an order because of other
pending proceedings.

NRS 33.300Transmittal of copy of order to law enforcement agency; service
and enforcement of order; issuance of copies of order.

1. A court shall transmit, by the end of
the next business day after a temporary or extended order for protection
against harassment in the workplace is issued, a copy of the order to the
appropriate law enforcement agency that has jurisdiction over the workplace of
the employer or the areas in which the employees of the employer perform their
duties of employment.

2. The court may order the appropriate law
enforcement agency to serve the person who allegedly committed the harassment
personally with the order if it finds that such service is necessary to avoid
an act of violence and to file with or mail to the clerk of the court proof of
service by the end of the next business day after service is made. Service of
an application for an order, the notice of hearing thereon and the order must
be served upon the person who allegedly committed the harassment pursuant to
the Nevada Rules of Civil Procedure.

3. A law enforcement agency shall enforce
a temporary or extended order for protection against harassment in the workplace
without regard to the county in which the order was issued.

4. The clerk of the court that issued a
temporary or extended order for protection against harassment in the workplace
shall issue a copy of the order to the employer who requested the order and the
person who allegedly committed the harassment.

NRS 33.310Registration of order; effect of registration; duty of court
clerk to maintain record of registered order.

1. An employer or an authorized agent of
an employer may register a temporary or extended order for protection against
harassment in the workplace issued by the court of another state by presenting
a certified copy of the order to the clerk of the court in a judicial district
in which the employer believes that enforcement may be necessary.

2. A temporary or extended order for
protection against harassment in the workplace that is registered has the same
effect and must be enforced in like manner as such an order issued by a court
of this state.

3. The clerk of the court shall maintain a
record of each order registered pursuant to this section.

NRS 33.320Arrest of person who violates order; service of order; duty to
note date and time of service on copy of order issued to employer.

1. Whether or not a violation occurs in
the presence of a law enforcement officer, the officer may, with or without a
warrant, arrest and take into custody a person if the officer has probable
cause to believe that:

(a) An order has been issued pursuant to NRS 33.270 against the person;

(b) The person has been served with a copy of the
order; and

(c) The person is acting in violation of the
order.

2. If a law enforcement officer cannot
verify that the person was served with a copy of the order and the officer is
at the workplace of the employer, the officer shall serve the person with a
copy of the order if a copy is available.

3. A law enforcement officer who serves a
person with a copy of an order pursuant to subsection 2 shall note the date and
time of such service on the copy of the order that was issued to the employer.

NRS 33.330Immunity for certain persons who enforce or refuse to enforce
order.

1. A court, a law enforcement officer or
any other person who enforces a temporary or extended order for protection
against harassment in the workplace based upon a reasonable belief that the
order is valid is immune from civil and criminal liability for any action taken
based upon that belief.

2. A court, a law enforcement officer or
any other person who refuses to enforce a temporary or extended order for
protection against harassment in the workplace based upon a reasonable belief
that the order is not valid is immune from civil and criminal liability for any
action taken or not taken based upon that belief.

3. The employer of a law enforcement
officer who enforces a temporary or extended order for protection against
harassment in the workplace based upon a reasonable belief that the order is
valid or who refuses to enforce such an order based upon a reasonable belief
that the order is not valid is immune from civil and criminal liability for any
action taken or not taken by the law enforcement officer based upon that
belief.

NRS 33.350Penalty for intentional violation of order.A person who intentionally violates a
temporary or extended order for protection against harassment in the workplace
is guilty of a misdemeanor, unless a more severe penalty is prescribed by law
for the act that constitutes the violation of the order.

NRS 33.400Parent or guardian authorized to petition for order on behalf of
child; contents of order; appeal of extended order; penalty for violation of
order.

1. In addition to any other remedy
provided by law, the parent or guardian of a child may petition any court of
competent jurisdiction on behalf of the child for a temporary or extended order
against a person who is 18 years of age or older and who the parent or guardian
reasonably believes has committed or is committing a crime involving:

(a) Physical or mental injury to the child of a
nonaccidental nature; or

(b) Sexual abuse or sexual exploitation of the
child.

2. If such an order on behalf of a child
is granted, the court may direct the person who allegedly committed or is
committing the crime to:

(a) Stay away from the home, school, business or
place of employment of the child and any other location specifically named by
the court.

(b) Refrain from contacting, intimidating,
threatening or otherwise interfering with the child and any other person
specifically named by the court, who may include, without limitation, a member
of the family or the household of the child.

(c) Comply with any other restriction which the
court deems necessary to protect the child or to protect any other person
specifically named by the court, who may include, without limitation, a member
of the family or the household of the child.

3. If a defendant charged with committing
a crime described in subsection 1 is released from custody before trial or is
found guilty or guilty but mentally ill during the trial, the court may issue a
temporary or extended order or provide as a condition of the release or
sentence that the defendant:

(a) Stay away from the home, school, business or
place of employment of the child against whom the alleged crime was committed
and any other location specifically named by the court.

(b) Refrain from contacting, intimidating,
threatening or otherwise interfering with the child against whom the alleged
crime was committed and any other person specifically named by the court, who
may include, without limitation, a member of the family or the household of the
child.

(c) Comply with any other restriction which the
court deems necessary to protect the child or to protect any other person
specifically named by the court, who may include, without limitation, a member
of the family or the household of the child.

4. A temporary order may be granted with
or without notice to the adverse party. An extended order may be granted only
after:

(a) Notice of the petition for the order and of
the hearing thereon is served upon the adverse party pursuant to the Nevada
Rules of Civil Procedure; and

(b) A hearing is held on the petition.

5. If an extended order is issued by a
justice court, an interlocutory appeal lies to the district court, which may
affirm, modify or vacate the order in question. The appeal may be taken without
bond, but its taking does not stay the effect or enforcement of the order.

6. Unless a more severe penalty is
prescribed by law for the act that constitutes the violation of the order, any
person who intentionally violates:

(a) A temporary order is guilty of a gross
misdemeanor.

(b) An extended order is guilty of a category C
felony and shall be punished as provided in NRS
193.130.

1. The payment of all costs and official
fees must be deferred for any person who petitions a court for a temporary or
extended order pursuant to NRS 33.400. After any
hearing and not later than final disposition of such an application or order,
the court shall assess the costs and fees against the adverse party, except
that the court may reduce them or waive them, as justice may require.

2. The clerk of the court shall provide a
person who petitions the court for a temporary or extended order pursuant to NRS 33.400 and the adverse party, free of cost, with
information about the:

NRS 33.420Duration of orders; dissolution or modification of temporary
order.

1. A temporary order issued pursuant to NRS 33.400 expires within such time, not to exceed 30
days, as the court fixes. If a petition for an extended order is filed within
the period of a temporary order, the temporary order remains in effect until
the hearing on the extended order is held.

2. On 2 days’ notice to the party who
obtained the temporary order, the adverse party may appear and move its
dissolution or modification, and in that event the court shall proceed to hear
and determine such motion as expeditiously as the ends of justice require.

3. An extended order expires within such
time, not to exceed 1 year, as the court fixes. A temporary order may be
converted by the court, upon notice to the adverse party and a hearing, into an
extended order effective for not more than 1 year.

NRS 33.430Order to be transmitted to law enforcement agencies; arrest for
violation; enforcement of order.

1. Each court that issues an order
pursuant to NRS 33.400 shall transmit, as soon as
practicable, a copy of the order to all law enforcement agencies within its
jurisdiction. The copy must include a notation of the date on which the order
was personally served upon the person to whom it is directed.

2. A peace officer, without a warrant, may
arrest and take into custody a person when the peace officer has probable cause
to believe that:

(a) An order has been issued pursuant to NRS 33.400 to the person to be arrested;

(b) The person to be arrested has been served
with a copy of the order; and

(c) The person to be arrested is acting in
violation of the order.

3. Any law enforcement agency in this
State may enforce a court order issued pursuant to NRS
33.400.

NRS 33.440Parent or guardian to be informed of final disposition of trial
upon request; record of restrictions on defendant’s conduct.

1. Upon the request of the parent or
guardian of a child, the prosecuting attorney in any trial brought against a
person for a crime described in subsection 1 of NRS
33.400 shall inform the parent or guardian of the final disposition of the
case.

2. If the defendant is found guilty or
guilty but mentally ill and the court issues an order or provides a condition
of the defendant’s sentence restricting the ability of the defendant to have
contact with the child against whom the crime was committed or witnesses, the
clerk of the court shall:

(a) Keep a record of the order or condition of
the sentence; and

(b) Provide a certified copy of the order or
condition of the sentence to the parent or guardian of the child and other
persons named in the order.